Littlefield v. Tinsley
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. For the main facts of this case, reference is made to the opinion, and to the report upon a former appeal in 22 Texas Reports, 259. In his answer, the appellant, who was defendant below, alleged a payment by him of two hundred dollars upon the land, in part consideration of which the note sued on was given.
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. For the main facts of this case, reference is made to the opinion, and to the report upon a former appeal in 22 Texas Reports, 259. In his answer, the appellant, who was defendant below, alleged a payment by him of two hundred dollars upon the land, in part consideration of which the note sued on was given. He further alleged and specified valuable improvements, worth some fourteen hundred and forty dollars, which he had made upon the land. For these sums, as also for the increased value of the land, he prayed judgment against…
1Opinion of the CourtMoobe, J.
It was held in this ease, when it Was before the court on a former appeal, that the appellant should have been permitted to have sustained his answer by proof; and if he should do this, that he would be entitled to the relief asked by Mm, unless appellees should prove that the defects of title of which appellant complains were known to him at the time of his purchase, and it was understood that he should take such title as they could give. (22 Tex. R., 259.) And it has been frequently held by this court, “ as long as the contract for the sale is in fieri,” (as is the case here,) “the vendor,…
2Cases cited1 opinion
- Ronkendorff v. Taylor's LesseeSupreme Court of the United States · 1830
3Cited by10 opinions
- Ballou v. SherwoodNebraska Supreme Court · 1891
- Bourland v. HuffhinesCourt of Appeals of Texas · 1924
- Simmons v. BlanchardTexas Supreme Court · 1876
- Cline v. BootyCourt of Appeals of Texas · 1915
- McGuire Bros. v. BlanchardSupreme Court of Iowa · 1899
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